Presidential Documents

38103 

Federal Register 

Vol. 73, No. 128 

Wednesday, July 2, 2008 

Title 3— 

The President 

Executive Order 13467 of June 30, 2008 

Reforming Processes Related to Suitability for Government 

Employment, Fitness for Contractor Employees, and Eligibility for Access to Classified National Security Information 

By the authority vested in me as President by the Constitution and the 

laws of the United States of America, and in order to ensure an efficient, 

practical, reciprocal, and aligned system for investigating and determining 

suitability for Government employment, contractor employee fitness, and 

eligibility for access to classified information, while taking appropriate account of title III of Public Law 108–458, it is hereby ordered as follows: 

PART 1—POLICY, APPLICABILITY, AND DEFINITIONS 

Section 1.1. Policy. Executive branch policies and procedures relating to 

suitability, contractor employee fitness, eligibility to hold a sensitive position, 

access to federally controlled facilities and information systems, and eligibility for access to classified information shall be aligned using consistent 

standards to the extent possible, provide for reciprocal recognition, and 

shall ensure cost-effective, timely,and efficient protection of the national 

interest, while providing fair treatment to those upon whom the Federal 

Government relies to conduct our Nation’s business and protect national 

security. 

Sec. 1.2. Applicability. (a) This order applies to all covered individuals 

as defined in section 1.3(g), except that: 

(i) the provisions regarding eligibility for physical access to federally controlled facilities and logical access to federally controlled information 

systems do not apply to individuals exempted in accordance with guidance 

pursuant to the Federal Information Security Management Act (title III 

of Public Law 107–347) and Homeland Security Presidential Directive 

12; and 

(ii) the qualification standards for enlistment, appointment, and induction 

into the Armed Forces pursuant to title 10, United States Code, are unaffected by this order. 

(b) This order also applies to investigations and determinations of eligibility 

for access to classified information for employees of agencies working in 

or for the legislative or judicial branches when those investigations or determinations are conducted by the executive branch.Sec. 1.3. Definitions. For 

the purpose of this order: (a) ‘‘Adjudication’’ means the evaluation of pertinent data in a background investigation, as well as any other available 

information that is relevant and reliable, to determine whether a covered 

individual is: 

(i) suitable for Government employment; 

(ii) eligible for logical and physical access; 

(iii) eligible for access to classified information; 

(iv) eligible to hold a sensitive position; or 

(v) fit to perform work for or on behalf of the Government as a contractor 

employee. 

(b) ‘‘Agency’’ means any ‘‘Executive agency’’ as defined in section 105 

of title 5, United States Code, including the ‘‘military departments,’’ as 

defined in section 102 of title 5, United States Code, and any other entity 


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within the executive branch that comes into possession of classified information or has designated positions as sensitive, except such an entity headed 

by an officer who is not a covered individual. 

(c) ‘‘Classified information’’ means information that has been determined 

pursuant to Executive Order 12958 of April 17, 1995, as amended, or a 

successor or predecessor order, or the Atomic Energy Act of 1954 (42 U.S.C. 

2011 et seq.) to require protection against unauthorized disclosure. 

(d) ‘‘Continuous evaluation’’ means reviewing the background of an individual who has been determined to be eligible for access to classified information (including additional or new checks of commercial databases, Government databases, and other information lawfully available to security officials) 

at any time during the period of eligibility to determine whether that individual continues to meet the requirements for eligibility for access to classified information. 

(e) ‘‘Contractor’’ means an expert or consultant (not appointed under section 

3109 of title 5, United States Code) to an agency; an industrial or commercial 

contractor, licensee, certificate holder, or grantee of any agency, including 

all subcontractors; a personal services contractor; or any other category of 

person who performs work for or on behalf of an agency (but not a Federal 

employee). 

(f) ‘‘Contractor employee fitness’’ means fitness based on character and conduct for work for or on behalf of the Government as a contractor employee. 

(g) ‘‘Covered individual’’ means a person who performs work for or on 

behalf of the executive branch, or who seeks to perform work for or on 

behalf of the executive branch, but does not include: 

(i) the President or (except to the extent otherwise directed by the President) 

employees of the President under section 105 or 107 of title 3, United 

States Code; or 

(ii) the Vice President or (except to the extent otherwise directed by 

the Vice President) employees of the Vice President under section 106 

of title 3 or annual legislative branch appropriations acts. 

(h) ‘‘End-to-end automation’’ means an executive branch-wide federated system that uses automation to manage and monitor cases and maintain relevant 

documentation of the application (but not an employment application), investigation, adjudication, and continuous evaluation processes. 

(i) ‘‘Federally controlled facilities’’ and ‘‘federally controlled information 

systems’’ have the meanings prescribed in guidance pursuant to the Federal 

Information Security Management Act (title III of Public Law 107–347) 

and Homeland Security Presidential Directive 12. 

(j) ‘‘Logical and physical access’’ means access other than occasional or 

intermittent access to federally controlled facilities or information systems. 

(k) ‘‘Sensitive position’’ means any position so designated under Executive 

Order 10450 of April 27, 1953, as amended. 

(l) ‘‘Suitability’’ has the meaning and coverage provided in 5 CFR Part 

731. 

PART 2—ALIGNMENT, RECIPROCITY, AND GOVERNANCE 

Sec. 2.1. Aligned System. (a) Investigations and adjudications of covered 

individuals who require a determination of suitability, eligibility for logical 

and physical access, eligibility to hold a sensitive position, eligibility for 

access to classified information, and, as appropriate, contractor employee 

fitness, shall be aligned using consistent standards to the extent possible. 

Each successively higher level of investigation and adjudication shall build 

upon, but not duplicate, the ones below it. 

(b) The aligned system shall employ updated and consistent standards and 

methods, enable innovations with enterprise information technology capabilities and end-to-end automation to the extent practicable, and ensure that 

relevant information maintained by agencies can be accessed and shared 


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rapidly across the executive branch, while protecting national security, protecting privacy-related information, ensuring resulting decisions are in the 

national interest, and providing the Federal Government with an effective 

workforce. 

(c) Except as otherwise authorized by law, background investigations and 

adjudications shall be mutually and reciprocally accepted by all agencies. 

An agency may not establish additional investigative or adjudicative requirements (other than requirements for the conduct of a polygraph examination 

consistent with law, directive, or regulation) that exceed the requirements 

for suitability, contractor employee fitness, eligibility for logical or physical 

access, eligibility to hold a sensitive position, or eligibility for access to 

classified information without the approval of the Suitability Executive Agent 

or Security Executive Agent, as appropriate, and provided that approval 

to establish additional requirements shall be limited to circumstances where 

additional requirements are necessary to address significant needs unique 

to the agency involved or to protect national security. 

Sec. 2.2. Establishment and Functions of Performance Accountability Council. 

(a) There is hereby established a Suitability and Security Clearance Performance Accountability Council (Council). 

(b) The Deputy Director for Management, Office of Management and Budget, 

shall serve as Chair of the Council and shall have authority, direction, 

and control over the Council’s functions. Membership on the Council shall 

include the Suitability Executive Agent and the Security Executive Agent. 

The Chair shall select a Vice Chair to act in the Chair’s absence. The 

Chair shall have authority to designate officials from additional agencies 

who shall serve as members of the Council. Council membership shall 

be limited to Federal Government employees and shall include suitability 

and security professionals. 

(c) The Council shall be accountable to the President to achieve, consistent 

with this order, the goals of reform, and is responsible for driving implementation of the reform effort, ensuring accountability by agencies, ensuring 

the Suitability Executive Agent and the Security Executive Agent align their 

respective processes, and sustaining reform momentum. 

(d) The Council shall: 

(i) ensure alignment of suitability, security, and, as appropriate, contractor 

employee fitness investigative and adjudicative processes; 

(ii) hold agencies accountable for the implementation of suitability, security, and, as appropriate, contractor employee fitness processes and procedures; 

(iii) establish requirements for enterprise information technology; 

(iv) establish annual goals and progress metrics and prepare annual reports 

on results; 

(v) ensure and oversee the development of tools and techniques for enhancing background investigations and the making of eligibility determinations; 

(vi) arbitrate disparities in procedures between the Suitability Executive 

Agent and the Security Executive Agent; 

(vii) ensure sharing of best practices; and 

(viii) advise the Suitability Executive Agent and the Security Executive 

Agent on policies affecting the alignment of investigations and adjudications. 

(e) The Chair may, to ensure the effective implementation of the policy 

set forth in section 1.1 of this order and to the extent consistent with 

law, assign, in whole or in part, to the head of any agency (solely or 

jointly) any function within the Council’s responsibility relating to alignment 

and improvement of investigations and determinations of suitability, contractor employee fitness, eligibility for logical and physical access, eligibility 

for access to classified information, or eligibility to hold a sensitive position. 


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Sec. 2.3. Establishment, Designation, and Functions of Executive Agents. 

(a) There is hereby established a Suitability Executive Agent and a Security 

Executive Agent. 

(b) The Director of the Office of Personnel Management shall serve as the 

Suitability Executive Agent. As the Suitability Executive Agent, the Director 

of the Office of Personnel Management will continue to be responsible 

for developing and implementing uniform and consistent policies and procedures to ensure the effective, efficient, and timely completion of investigations and adjudications relating to determinations of suitability and eligibility 

for logical and physical access. 

(c) The Director of National Intelligence shall serve as the Security Executive 

Agent. The Security Executive Agent: 

(i) shall direct the oversight of investigations and determinations of eligibility for access to classified information or eligibility to hold a sensitive 

position made by any agency; 

(ii) shall be responsible for developing uniform and consistent policies 

and procedures to ensure the effective, efficient, and timely completion 

of investigations and adjudications relating to determinations of eligibility 

for access to classified information or eligibility to hold a sensitive position; 

(iii) may issue guidelines and instructions to the heads of agencies to 

ensure appropriate uniformity, centralization, efficiency, effectiveness, and 

timeliness in processes relating to determinations by agencies of eligibility 

for access to classified information or eligibility to hold a sensitive position; 

(iv) shall serve as the final authority to designate an agency or agencies 

to conduct investigations of persons who are proposed for access to classified information to ascertain whether such persons satisfy the criteria 

for obtaining and retaining access to classified information or eligibility 

to hold a sensitive position; 

(v) shall serve as the final authority to designate an agency or agencies 

to determine eligibility for access to classified information in accordance 

with Executive Order 12968 of August 2, 1995; 

(vi) shall ensure reciprocal recognition of eligibility for access to classified 

information among the agencies, including acting as the final authority 

to arbitrate and resolve disputes among the agencies involving the reciprocity of investigations and determinations of eligibility for access to 

classified information or eligibility to hold a sensitive position; and 

(vii) may assign, in whole or in part, to the head of any agency (solely 

or jointly) any of the functions detailed in (i) through (vi), above, with 

the agency’s exercise of such assigned functions to be subject to the 

Security Executive Agent’s oversight and with such terms and conditions 

(including approval by the Security Executive Agent) as the Security Executive Agent determines appropriate. 

(d) Nothing in this order shall be construed in a manner that would limit 

the authorities of the Director of the Office of Personnel Management or 

the Director of National Intelligence under law. 

Sec. 2.4. Additional Functions. (a) The duties assigned to the Security Policy 

Board by Executive Order 12968 of August 2, 1995, to consider, coordinate, 

and recommend policy directives for executive branch security policies, 

procedures, and practices are reassigned to the Security Executive Agent. 

(b) Heads of agencies shall: 

(i) carry out any function assigned to the agency head by the Chair, 

and shall assist the Chair, the Council, the Suitability Executive Agent, 

and the Security Executive Agent in carrying out any function under 

sections 2.2 and 2.3 of this order; 

(ii) implement any policy or procedure developed pursuant to this order; 

(iii) to the extent permitted by law, make available to the Performance 

Accountability Council, the Suitability Executive Agent, or the Security 


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Executive Agent such information as may be requested to implement 

this order; 

(iv) ensure that all actions taken under this order take account of the 

counterintelligence interests of the United States, as appropriate; and 

(v) ensure that actions taken under this order are consistent with the 

President’s constitutional authority to: 

(A) conduct the foreign affairs of the United States; 

(B) withhold information the disclosure of which could impair the 

foreign relations, the national security, the deliberative processes of 

the Executive, or the performance of the Executive’s constitutional duties; 

(C) recommend for congressional consideration such measures as the 

President may judge necessary or expedient; and 

(D) supervise the unitary executive branch. 

PART 3—MISCELLANEOUS 

Sec. 3. General Provisions. (a) Executive Order 13381 of June 27, 2005, 

as amended, is revoked. Nothing in this order shall: 

(i) supersede, impede, or otherwise affect: 

(A) Executive Order 10450 of April 27, 1953, as amended; 

(B) Executive Order 10577 of November 23, 1954, as amended; 

(C) Executive Order 12333 of December 4, 1981, as amended; 

(D) Executive Order 12829 of January 6, 1993, as amended; or 

(E) Executive Order 12958 of April 17, 1995, as amended; nor 

(ii) diminish or otherwise affect the denial and revocation procedures 

provided to individuals covered by Executive Order 10865 of February 

20, 1960, as amended. 

(b) Executive Order 12968 of August 2, 1995 is amended: 

(i) by inserting: ‘‘Sec. 3.5. Continuous Evaluation. An individual who 

has been determined to be eligible for or who currently has access to 

classified information shall be subject to continuous evaluation under 

standards (including, but not limited to, the frequency of such evaluation) 

as determined by the Director of National Intelligence.’’; and 

(ii) by striking ‘‘the Security Policy Board shall make recommendations 

to the President through the Assistant to the President for National Security 

Affairs’’ in section 6.3(a) and inserting in lieu thereof ‘‘the Director of 

National Intelligence shall serve as the final authority’’; 

(iii) by striking ‘‘Security Policy Board’’ and inserting in lieu thereof 

‘‘Security Executive Agent’’ in each instance; 

(iv) by striking ‘‘the Board’’ in section 1.1(j) and inserting in lieu thereof 

‘‘the Security Executive Agent’’; and 

(v) by inserting ‘‘or appropriate automated procedures’’ in section 3.1(b) 

after ‘‘by appropriately trained adjudicative personnel’’. 

(c) Nothing in this order shall supersede, impede, or otherwise affect the 

remainder of Executive Order 12968 of August 2, 1995, as amended. 

(d) Executive Order 12171 of November 19, 1979, as amended, is further 

amended by striking ‘‘The Center for Federal Investigative Services’’ in section 1–216 and inserting in lieu thereof ‘‘The Federal Investigative Services 

Division.’’

(e) Nothing in this order shall be construed to impair or otherwise affect 

the: 

(i) authority granted by law to a department or agency, or the head 

thereof; or 

(ii) functions of the Director of the Office of Management and Budget 

relating to budget, administrative, or legislative proposals. 

(f) This order shall be implemented consistent with applicable law and 

subject to the availability of appropriations. 


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(g) Existing delegations of authority made pursuant to Executive Order 13381 

of June 27, 2005, as amended, to any agency relating to granting eligibility 

for access to classified information and conducting investigations shall 13 

remain in effect, subject to the exercise of authorities pursuant to this 

order to revise or revoke such delegation. 

(h) If any provision of this order or the application of such provision 

is held to be invalid, the remainder of this order shall not be affected. 

(i) This order is intended only to improve the internal management of 

the executive branch and is not intended to, and does not, create any 

right or benefit, substantive or procedural, enforceable at law or in equity, 

by any party against the United States, its agencies, instrumentalities, or 

entities, its officers or employees, or any other person. 

THE WHITE HOUSE, 

June 30, 2008. 

[FR Doc. 08–1409 

Filed 7–1–08; 11:00 am] 

Billing code 3195–W8–P 


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